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Home My WebLink About09363RESOLUTION NO. 9363 A RESOLUTION APPROVING A DEFERRED PUBLIC IMPROVEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND MICHAEL AND MARGARET BAKER RELATING TO THE BAKER SUBDIVISION AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO that: SECTION 1. The Deferred Public Improvement Agreement dated August 3, 2001 between Michael and Margaret Baker and the City of Pueblo, a municipal corporation, for the deferment of certain public improvements required by the Baker Subdivision and under section 16 -2 -3 (2) of the Pueblo Municipal Code as a condition to receiving extraterritorial water services from the Board of Water Works of Pueblo County, Colorado, a copy of which is attached and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute the Agreement in the name of and on behalf of Pueblo, a municipal corporation. The City Clerk shall affix the seal of the City thereto and attest same, and record the Agreement to the office of the Pueblo County Clerk and recorder. INTRODUCED: August 13, 2001 APPROVED: ident of City Council ATTEST: City` Jerk �l " U u �..� � u� �. �r931�3 Background Paper for Proposed RESOLUTION AGENDA ITEM # 15 DATE: AUGUST 13, 2001 DEPARTMENT: PLANNING AND DEVELOPMENT JIM MUNCH, DIRECTOR TITLE A RESOLUTION APPROVING A DEFERRED PUBLIC IMPROVEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND MICHAEL AND MARGARET BAKER RELATING TO THE BAKER SUBDIVISION AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City enter into a deferred Public Improvement Agreement relating to the Baker Subdivision? RECOMMENDATION Approval of the resolution. BACKGROUND Michael and Margaret Baker are proposing to subdivide a parcel of property in the County. The applicants are proposing to subdivide a 4.82 acre parcel into four (4) lots ranging in size from 0.79 acres to 1.4 acres. The property is located north of Aqua Drive between Olive Street and Midnight Avenue in the Goodnight area and is within an A -4, Agricultural (minimum 1/2 acre) Zone District. See attached map. The property within the Baker Subdivision is contractually bound by an Extraterritorial Water Service Agreement. As a part of this Agreement, the Applicant has agreed to Section 16 - 2 - 1 (2). (2.) All improvements commenced after May 14, 1973, to land and buildings receiving water service under this Chapter and located in Permit Area A shall be constructed in accordance with all City codes and ordinances governing buildings and improvements in the City, including but not limited to the building code, plumbing code, fire prevention code, electrical code, housing code, subdivision ordinance, and all other codes establishing minimum standards of land use, design, and construction. In any matter where County legislative action is required, such as the acceptance of a dedication for public use in a subdivision, the owner or developer shall first have submitted such matter to and gained the approval of the City Council before submission of the matter to the County for approval. The provisions hereof shall be deemed to be and shall constitute additional requirements placed upon said land and buildings and its owners, with their agreement and concurrence, in return of municipal water service. (1957 Code, S 11 A; Ord. No. 3707, 5- 14 -73; Ord. No. 5301, 4- 16 -86). The signing of this agreement by the applicants and the passage of this resolution by City Council will meet the applicants' contractual obligation. FINANCIAL IMPACT The deferred Public Improvement Agreement will insure that all public improvements are installed as per the subdivision requirements at such time as the City desires to annex the property. Resolution #9363 1404251 -- 7 Page: 1 of 7 ChrisC.Munoz Pueb1oCtyC1k &Reo AGREE R 35.00 9'ZSD20 0011:27G DEFERRED PUBLIC IMPROVEMENT AGREEMENT (Permit Area A - Property) THIS AGREEMENT made and entered into as of _ August 3 , 2001 between Pueblo, a Municipal Corporation ( "City ") and Michael W. Baker and Mar�aret A. Baker ( "Owner "), WITNESSETH: RECITALS A. Owner owns in fee simple the property described in attached Exhibit A ( "Property "). The Property is located in the unincorporated area of Pueblo County, Colorado and lies within Permit Area A described in Chapter 1 of Title XVI of the Pueblo Municipal Code and shown on the Extraterritorial Water Service Permit Areas map. B. Owner, or its predecessor in interest, in order to obtain extraterritorial. water service from the Board of Water Works of Pueblo County, Colorado for the Property executed and recorded in the office of the Pueblo County Clerk and Recorder an Application And Agreement - Extraterritorial Water Service - Permit Area A. C. Pursuant to section 16- 2 -3(2) of the Pueblo Municipal Code and as a condition to receiving extraterritorial water services, the Property and improvements thereon must be developed and constructed in accordance with all City codes and ordinances including, without limitation, City's subdivision ordinances. D. City's subdivision ordinances require the construction and installation of certain public improvements described in attached Exhibit B ( "Public Improvements ") which Owner acknowledges and agrees must be constructed and installed but has requested such construction and installation be deferred. AGREEMENT In consideration of the foregoing Recitals and mutual covenants contained herein, City and Owner agree as follows: 1. The foregoing Recitals are true and correct and incorporated herein as if set out herein in full. 2. Owner, as a condition to receive and to continue to receive extraterritorial water services for the Property, will construct and install, at its sole cost and expense, the Public Improvements as follows: (please complete and mark appropriate box): ❑ within days from the date of this Agreement by and CA July 24, 2001 14 @4251 Page: 2 of 7 09/28/2001 11:279 ChrisC.Munoz Pueb1oCtyC1k &Rec AGREE R 35.00 D 0.00 x❑ within 120 days after written notice is given to Owner by the City's Director of Public Works requesting that the Public Improvements described in the notice be constructed and installed. A written notice requesting some but not all of the Public Improvements be installed shall not release or discharge Owner from constructing and installing the remaining Public Improvements upon subsequent receipt of notice requesting their construction and installation. ❑ within days after the Property is annexed to the City. This requirement to construct and install the Public Improvements shall be incorporated in and be made part of the annexation agreement required for any such annexation. 3. Upon the Owner's failure, refusal or neglect for any reason to construct and install the Public Improvements within the time specified in paragraph 2 above, City shall have the following remedies which shall be cumulative and the exercise of one or more shall not preclude the exercise of the others: (a) institute appropriate proceedings to disconnect the Property from the Board of Water Works of Pueblo, Colorado water system or otherwise terminate the extraterritorial water services to the Property; (b) institute appropriate proceedings to enforce the installation and construction of the Public Improvements; and /or (c) cause the Public Improvements to be constructed and installed at the cost and expense of the Owner, and impose a lien upon the Property for the cost and expense thereof plus an amount equal to fifteen percent (15 %) of such cost and expense as an administrative fee and charge, by recording in the office of the Pueblo County Clerk and Recorder a statement of lien under oath of the Director of Public Works showing the costs and expenses thereof and describing the Property. Upon recording the statement of lien, the costs, expenses, and administrative fee, plus interest thereon at the rate of 10% per annum, shall be a perpetual lien on the Property and remain in full force and effect until paid in full. If City institutes proceedings under (a) or (b) above, Owner agrees to pay all City's costs and expenses, including reasonable attorney fees. 4. The Agreement is and shall be construed to be a covenant running with the Property and shall be recorded in the office of the Pueblo County Clerk and Recorder. 5. This Agreement shall inure to the benefit of and be binding upon the Property, and the City and Owner, and their respective heirs, personal representatives, successors and assigns. 6. Any notice required to be given under this Agreement shall be given by personal service or by certified mail, postage prepaid, addressed: -2- 1404251 Page: 3 of 7 09/28/2001 11:274 ChrisC.Munoz PuebloCtyC1k &Roc AGREE R 35.00 D 0.00 (a) if to City, Director of Public Works, City of Pueblo, 211 East "E" Street, Pueblo, Colorado, 81003; or (b) if to Owner, Michael W. Baker, 457 Olive Street Pueblo, CO or to such other address as either party shall designate by written notice given to the other party as above provided. Notice shall be deemed to be given by certified mail upon date of deposit in the U.S. mails. IN WITNESS WHEREOF, the parties have signed this Agreement in Pueblo, Colorado on the day and year first above written. 0 CORPORATION PrP-'sident ty Council By Name: Title: STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) D The fore oing instrument was acknowledged before me thi day of;�, 200 I by l ty as % r XXXXIM s of Pueblo, a Municipal Co oration.. President of City Council Witness my hand and official seal. AL] on i j on expires: 9 - 21 . 2023 . -3- �' r L tary Public 1404251 STATE OF COLORDO ) 09 11:27; ) ss. ChrisC.Munoz Pueb1oCtyC1k &Rec AGREE R 36.00 D 0.00 COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this R4 44 " . - - day of� , 2001 by Michael W. Baker and Margaret A. Baker. Witness my hand and official seal. My commission expirers .,QP,.....RL0�� [ S E ArT.°NOTAR - 0-0-x- OF Notary Public LEG AL DESCRIPTION All that poi Lion of the S 1 /z of the SW 1 / of Section 33, Township 20 South, Range 65 West of the 6th Principal Meridian, County of Pueblo, State of Colorado, bounded and described as follows, to -wit: COMMENCING at a stone, being the southwest corner of Section 33, Township 20 South, Range 65 West; Thence northerly on section line between Sections 32 and 33, a distance of 184.80 feet to a point; Thence easterly at an angle of 90 °00'00" to the right a distance of 290 feet to a point; Thence northeasterly at an angle of 26 °32' to the left a distance of 440.9 feet to the POINT OF BEGINNING; Thence northerly at an angle of 63 °28' to the left a distance of 504.65 feet to a point; Thence easterly at an angle of 90 °0' to the right a distance of 624.5 feet to a point; Thence southerly at an angle of 90 ° 0' to the right a distance of 192.85 feet to a point; Thence southwesterly at an angle of 63 °28' to the right a distance of 698.1 feet to the POINT OF BEGINNING, County of Pueblo, State of Colorado; EXCEPTING THEREFROM property described in Warranty Deed dated April 15, 1953 from Ralph P. Whitney and Gladys Whitney, to Claire Maye and Roland R. Harris, recorded April 17, 1953 in Book 1208 at Page 135. 1404251 Page: 5 of 7 09/28/2001 ChrisC.Munoz PuebloCtyClkaRec AGREE R 35.00 D 11:27F 0.00 Mangini & Associates Inc. 4718 N. Elizabeth St., Ste. A Pueblo, Colorado 81008 (719) 544 -0865 (719) 544 -0876 Fax . EXHIBIT `B" PUBLIC IMPROVEMENTS BAKER SUBDIVISION Cost Estimate — Streets and Sanitary Sewer 1. 3 Asphalt/6 "Base 2. 1 Asphalt Overlay 3. Conc. Curb & Gutter 4. 4 Conc. Sidewalk 5. 8 ".Sanitary Sewer 6. Standard Manhole 2,560 S. Y. @ $ 17.50 $44,800 181 Tons @ 45.00 8 2,860 L. F. @ 10.00 28 10 S. F. @ 2.50 25 565 L. F. @ 32.00 18,080 3 ea @ 2,202.00 6,606 Total $131,481 1404251 Page: 6 of 7 09/28/2001 11:270 ChrisC.Munoz Pueb1oCtyC1k &Rec AGREE R 35.00 D 0.00 Rev:7 /31/01 to include full improvements on bordering streets. Professional Engineers & Land Surveyors Baker Subdilvis to n Portion of the S 112 of the SW 114 of Section 33 (froct 14 of Unrecorded CFdd 7racts). 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